COLUMBUS, Ohio - There is probable cause that a piece of anti-Issue 2 campaign literature, distributed by the Ohio Republican Party, violates Ohio election law, members of the Ohio Elections Commission decided on Thursday.

The panel voted 4-0 to hold a full hearing Oct. 4 to decide the truthfulness of a claim in the Republican mailer that members of a proposed redistricting commission "will be chosen in secret." Ohio election law prohibits circulation of false statements to influence ballot issues.

But the commission members dismissed two other complaints about the GOP mailer against Issue 2, the proposed constitutional amendment to establish a citizens redistricting commission.

Catherine Turcer, chairwoman of the pro-Issue 2 group Voters First Ohio, filed a complaint with the Elections Commission on Tuesday, claiming the GOP mailer contained three false statements.

On Thursday, the commission's probable cause panel -- a four-member subset of the full, seven-member commission -- decided to further examine the claim that commission members will be chosen in secret. After hearing arguments from both sides, members said they were not convinced the amendment required a secret selection process.

Turcer said the elections commission's actions were encouraging.

"It is no surprise that these opponents of reform will stop at nothing to mislead voters and protect their own power," Turcer said in a statement.

Carlo LoParo, spokesman for the anti-Issue 2 group Protect Your Vote Ohio, said it was a bad day for Issue 2 supporters. Secrecy still clouds the proposed commission selection process, he said.

"The Elections Commission will decide if these unelected commission members will meet in secret, or can meet in secret," LoParo said.

The panel split along party lines on finding probable cause that the other two statements are false. The statements claimed the redistricting commission would "have a blank check to spend our money" and that there would be no process for removing a commission member, "even if they commit a felony."

A majority vote is needed to find probable cause. A complaint is dismissed if there is a tie vote.

Republican commission member Bryan Felmet, who voted against probable cause for the two statements, said lawyers for both sides made convincing arguments.

"I pretty much believe both of them, depending on who I listened to last," Felmet said before casting his votes.

After the meeting, Felmet said political speech is fair game when both sides can persuade him. "When that happens, that indicates to me we have fair comment," he said.

Although the commission found no probable cause of a violation in the GOP's claim that the redistricting commission would have a "blank check" to spend money, it is unlikely the party will use that word in future campaign literature.

Attorney Terrence O'Donnell, representing the Ohio Republican Party, said the use of the term "blank check" is defensible. But given a recent Ohio Supreme Court ruling on the issue, the party will not use the phrase in the future.

Other Issue 2 opponents, however, might take a different approach. LoParo said the elections did not find the "blank check" statement to be false.

The Ohio Supreme Court recently said the proposed amendment would not give the commission unlimited funds. The court analyzed the amendment to decide a lawsuit over previously approved ballot language for Issue 2. The Ohio Ballot Board approved new ballot wording last week under the court's orders.

"The actual text of the proposed constitutional amendment does not state that the redistricting commission would have -- as the ballot board's language indicates -- a blank check for all funds as determined by the commission," the court's ruling said.

O'Donnell said the court's review of using the term "blank check" was under different circumstances than the Ohio Elections Commission's consideration of the GOP mailer. The court was reviewing a summary of the amendment for use in the voting booth, a nonpartisan venue. The commission was reviewing use of the term in campaign literature, he said.